Philadelphia partner Sam Mason wrote an article for Law360 titled, “Successor Liability: Still Seeking Certainty.”

Sam’s article discusses the Pennsylvania Supreme Court’s ruling in Fizzano Brothers Concrete Products Inc. v. XLN Inc., which has “given purchasers in an asset acquisition a little more to worry about at night.”

The Supreme Court vacated a Superior Court ruling that the “de facto merger” doctrine does not apply unless the owners of the seller also have an ownership interest in the purchaser, [and] directing the lower court to review whether the owners had a “stockholder interest.”

Sam provides an outline and analysis of the case and opinion.

Click here to view the full article.